Some forms of the salam sale

Question

Question: (1) A person took from a shopkeeper, for example, two maunds of wheat grain (the maund being a unit of weight, ≈ 37 kg) and wrote that after two months, that is, after the wheat harvest is cut, he will give two and a quarter maunds in exchange for it. Here this is called “bahtwi” (بہتوی; a local deal: grain lent and repaid with an increase at harvest). In this dealing there is both excess (tafadul) and a period of deferment; it is neither “hand to hand” (yadan bi-yadin)

Answer

(1) This case is not permissible: [ar]العاشر (من شروط السلم): أن لا يشمل البدلين أحد وصفي علة ربا الفضل، وهو القدر والجنس[/ar] “The tenth (of the conditions of salam): that the two counter-values are not both covered by either of the two attributes making up the effective cause of riba al-fadl, namely measure and kind” (al-Fatawa al-‘Alamgiriyya). (2)

Source: Fatawa Mahmudiyya

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